London Daily

Focus on the big picture.
Monday, Sep 21, 2026

Pfizer and Flynn fined for overcharging NHS for life-saving epilepsy drug

Pfizer and Flynn fined for overcharging NHS for life-saving epilepsy drug

Pharmaceutical giants Pfizer and Flynn both intend to appeal the UK competition watchdog's finding that they "exploited their dominant positions" to charge the NHS "excessive" prices.

Two pharmaceutical companies have been fined after they overcharged the NHS for a life-saving epilepsy drug.

The Competition and Markets Authority (CMA) fined Pfizer £63m and Flynn £6.7m after finding that they had "abused their dominant positions" in the market to charge unfairly high prices over a four-year period.

NHS costs for the phenytoin sodium capsules rose from £2m in 2012 to £50m the following year.

Andrea Coscelli, chief executive of the CMA, said: "Phenytoin is an essential drug relied on daily by thousands of people throughout the UK to prevent life-threatening epileptic seizures.

"These firms illegally exploited their dominant positions to charge the NHS excessive prices and make more money for themselves - meaning patients and taxpayers lost out.

"Such behaviour will not be tolerated, and the companies must now face the consequences of their illegal action."

Pfizer vows to appeal


A Pfizer spokeswoman said: "Pfizer disagrees with the CMA's latest infringement decision and will be appealing against it.

"As we have consistently stated throughout this process, ensuring a sustainable supply of our products to UK patients is of paramount importance to us and was at the heart of our decision to divest phenytoin capsules to Flynn Pharma in 2012.

"The Competition Appeal Tribunal and the Court of Appeal both ultimately found in Pfizer's favour in respect of the CMA's original decision, which was set aside together with the associated fine.

"We maintain that we approached this divestment, as with all our business operations, with integrity and believe it fully complies with established competition law."

The CMA's original infringement decision was issued in 2016, fining Pfizer and Flynn more than £84m.

The two firms went to the Competition Appeal Tribunal to challenge that finding, resulting in a second investigation launched in 2020.

The fine announced on Thursday replaces the one announced in 2016.

Flynn 'surprised and disappointed'


In a statement provided to Sky News, Flynn said it was "surprised and disappointed" at the decision.

"In our view the original CMA case was fundamentally flawed, and that view is unchanged in regard to the second decision," it said.

"Their first decision was issued 5 ½ years ago and then successfully appealed by Flynn to the Competition Appeal Tribunal in June 2018, in a full merits hearing with expert evidence over four weeks - a decision which was upheld by the Court of Appeal nearly 2 ½ years ago.

"Notwithstanding all of this and the burden this has placed on Flynn as a small pharma company with limited resources, Flynn has continued to operate throughout serving the needs of UK epilepsy patients as well as patients across a range of other therapy areas.

"The protracted nature of this case has now outlived two changes in the most senior leadership of the CMA and is indicative we say, of a lack of clarity and consistency in the alleged theory(ies) of harm and more fundamentally, an absence of wrongdoing.

"For the avoidance of doubt, Flynn announces its intention to again appeal the CMA decision. We believe that once the matter is fully tested in a full merits review, Flynn will again be vindicated."

Newsletter

Related Articles

0:00
0:00
Close
British Museum Faces Questions Over Peter Thiel’s Private Bayeux Tapestry Viewing
Earl Spencer Memoir Excerpts Renew Public Debate Over Diana’s Death
Liberal Democrats Gather in Brighton for Autumn Conference
Mothercare Shares Plunge as Middle East Store Closures Threaten Long-Term Solvency
Kent Police Treat Folkestone Hotel Fire as Suspicious
Caribbean Governments Advance Reparations Campaign Seeking Engagement With Britain
Scottish Labour Leader Backs Rosebank and Jackdaw North Sea Projects
FCA Urges Young Adults to Trace £1.5 Billion in Unclaimed Child Trust Funds
UK Competition Regulator Opens Inquiry Into McCormick-Unilever Foods Deal
Public Inquiry Into Tees, Esk and Wear Valleys Mental Health Failings Set to Begin
Nigel Farage Looks to US Immigration Enforcement Model for UK Border Policy
Chiltern Railways Moves Into Public Ownership
Security Review Raises Concerns Over Sensitive UK Police Data Stored on Microsoft Cloud
Burnham Government Warns of Difficult Autumn Budget as Fiscal Headroom Narrows
Bank of England Holds Rates at 3.75% as Inflation Rises to 3.1%
Ed Sheeran Tour Faces Backlash After Macklemore Is Removed Over Pro-Palestinian Remarks
Vandalism of Traffic Cameras Intensifies Across Parts of England
Nearly 300 Evacuated as Fire Hits Grand Burstin Hotel in Folkestone
King Charles Warns AI Executives About Risks From Uncontrolled Technology
Church of England Apologises for Role in Historical Forced Adoption Practices
UK Debate Over Online Speech Intensifies After Arrest Figures Draw Scrutiny
Oxfordshire Village Holds Symbolic Independence Vote Over Asylum Accommodation Plan
Nigel Farage and Richard Tice Sue National Crime Agency Over Alleged Banking Data Leaks
Apple Introduces Stricter Age Checks for UK Accounts
BBC Cash Reserves Fall 66% to £125 Million as Broadcaster Restructures
McLaren Announces £500 Million UK Investment and Plans 1,000 Jobs
Green Party Wins Historic Gorton and Denton By-Election as Labour Falls to Third
Burnham Government Prepares October Budget Under Growing Fiscal Pressure
UK Energy Suppliers Pull Fixed-Price Deals as Wholesale Markets Turn More Volatile
Bank of England Holds Rates at 3.75% as Middle East Energy Shock Raises Inflation Risks
Addison Lee Founder Loses £20 Million UK Tax Tribunal Case
BrewDog Creditors Face Losses on About £190 Million of Debt
Harrods Seeks to Recover Abuse Compensation Costs From Mohamed Al Fayed’s Estate
Ed Davey Targets Reform UK as Liberal Democrat Conference Opens
Great Britain Retail Sales Rise 0.5% in August
NHS England Approves Life-Extending Treatment for Incurable Breast Cancer
Proposals to Limit NHS ADHD Diagnoses Draw Criticism From Patient Groups
Resolution Foundation Warns of Housing Cost Crunch for Low-Income UK Families
BBC Cash Reserves Fall to Decade Low as Annual Deficit Reaches £121 Million
Millisecond Software Error Triggered Major UK Air Traffic Control Disruption
Twenty Women Underwent Unnecessary Mastectomies During NHS Cancer Care
Sensitive UK Police Data Found Vulnerable to Access by Foreign Actors
British Steel Faces Renewed Pressure for a Long-Term Financial Plan
MPs Urge Government to End Thames Water Restructuring Talks With U.S. Hedge Funds
Andy Burnham Warns of Difficult UK Budget Choices as Inflation Returns to 3.1%
England Tightens School Food Standards With Restrictions on Deep-Fried and High-Sugar Foods
Oxfordshire Village Votes Symbolically to Leave UK Over Proposed Asylum Centre
Michael Marra Elected Leader of Scottish Labour
BBC Cash Reserves Fall Sharply as Financial Pressures Mount
George Osborne Calls for UK to Rejoin EU Customs Union
×